Gujarat High Court Judge Says He Personally Saw Two-Wheelers Violating Traffic Laws, Orders Survey In Ahmedabad
The Gujarat High Court on Wednesday (October 15) orally expressed concern over two wheelers in Ahmedabad violating traffic laws by driving on the wrong side and by indulging in traffic signal violations.
The court further directed Gujarat State Legal Services Authority to conduct a survey of certain roads in the city prepare a report on illegal parking, and parking done on roads abutting shopping centres, restaurants, party plots etc., and on wrong lane driving.
A division bench of Justice AS Supehia and Justice LS Pirzada was hearing a plea seeking contempt action for non-compliance of orders in a 2017 PIL on traffic issues and illegal parking on public roads in Ahmedabad.
During the hearing Justice Supehia orally said, "...so far as four wheelers are concerned we have noticed wrong side driving is reduced to some extent. But two wheelers it is still continuing. There is a violation of traffic signals also by two wheelers. I personally calculated. During 180 mins there were 7 violations by two wheelers. I have also noticed that number plates are also camouflaged by them. TRB (traffic brigade) jawans are there but they don't get the opportunity to note down the numbers because of camouflage. That was in one signal, imagine what is happening in Ahmedabad".
To this the counsel appearing for the State advocate GS Virk said that the authorities will see to it that this issue is "targeted".
"After we started detaining vehicles, wrong side driving per say and over all road sensibility has improved, particularly during Navratri. For Diwali same thing is being planned...The City hosted Filmfare awards last Saturday and I am told when the show ended at 2am within 8-10 minutes all vehicles had disbursed. I believe the number of congestion has been reduced. But the court's concern is justified," he added.
Justice Supehia further said, "We have seen plight of the jawans who are there. I personally think. They are dedicated. But look at the public, they think as a matter of right they can break the traffic laws". The court further orally pointed to wrong side driving by two-wheelers wherever there are are petrol pumps.
After hearing the matter for some the court in its order issued the following directions:
1. The Gujarat State Legal Services Authority is directed to prepare a report of the SG Highway, CG Road, Judges Bungalow Road, road from Navrangpura Cross Road to Gujarat High Court complex, road from Vadaj Circle towards Dilli Darwaza (Dudheshwar road) to survey and prepare a report on illegal parkings, and parking done on roads abutting shopping centres, restaurants, party plots etc., as also wrong lane driving.
2. Necessary survey shall be undertaken after Diwali between October 29-till November 7. Matter to be listed on November 12.
3. The report shall be supplied to the respective advocates appearing for the respective parties.
During the hearing amicus curiae senior advocate Bhaskar Tanna submitted that the situation has not improved but has deteriorated. He said that Supreme Court had passed directions relating to the safety of pedestrians on roads and footpaths, including the wearing of helmets, wrong lane driving, and the use of unauthorised hooters on cars in a long-standing writ petition.
He said that any number of vehicles being detained creates more trouble, and such violators must be heavily punished under MV Act.
"They (respondents) are in contempt. They have not pointed out to this court...they ought to have purge they have not. They ought to have told us how do they propose to purge it. We are worried about the State as a whole," he added.
After hearing the matter for some time, the court on noticing the interaction between the amicus and the lawyers for applicant and respondents, in its order dictated that it had noticed that whenever the matter was listed there has been "unwanted altercation" between amicus and the other counsel on the issues/orders passed by the court.
"Today also the learned amicus has vehemently submitted that there is no compliance of orders passed by this court by the State and Corporation authorities in implementing the directions. Our orders which are passed in the present matter in fact reveals that the State authorities and Corporation authorities have been taking effective measures in implementing the directions to see that unauthorized illegal parking, wrong lane driving, removal of hoardings has been undertaken status reports are already produced on record. Hence we do not agree with suggestions of the amicus that no action has been taken by authorities...," the court in its order dictated.
The counsel for the applicant advocate Amit Panchal vehemently opposed the appointment of amicus, as it pertains to contempt jurisdiction, as it is between contemnor and the applicant.
He submitted that on every occasion the amicus has been levelling allegations that orders are not complied, however efforts have been made by the authorities to see that directions are complied with. He submitted that the present matter was not a PIL and it was a contempt plea.
The government pleader also opposed submissions of amicus, submitting that as directed by the court authorities are taking action and timely reports are filed.
"...Hence we relieve the amicus from further addressing the court in the present matter and if required his assistance will be taken by this court," the court said.
The amicus and advocate Panchal also drew the court's attention to the Supreme Court's October 7 directions. The court said,
"Mr Tanna has pointed out that directions under para 35 are to be scrupulously followed by state authorities which they have not done since 2016, though state government was a party before the Supreme Court in the matter. It was submitted that State is to comply with directions issued by the SC. From the directions it is noticed by us that the SC is already in seisin of the issues raised regarding wearing helmets, wrongful lane driving, LED lights and regarding framing of rules by state; however in para 37 it has directed registry to list matter after seven months to report compliance of directions...thus SC is already seized of the issues highlighted in the said judgment. However the present contempt petition emanates from the directions issued by the coordinate bench and as directed by this court, the respondent authorities are already undertaking the exercise. Hence we relieve the senior advocate Mr Tanna to be amicus in the present matter in view of the opposition of learned advocate Mr. Panchal and advocate Mr Virk."
The court further orally told the government pleader that the issue of illegal parking on public road in front of eateries and said that government may have to make a policy for them to ensure that traffic flow is not obstructed.
Case title: MUSTAK HUSSAIN MEHNDI HUSSAIN KADRI v/s JAGADIP NARAYAN SINGH, IAS & ANR.
R/MCA/979/2019 IN R/WPPIL/170/2017